HB 1009 2003
1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; repealing ss.
3	101.011, 101.27, 101.28, 101.29, 101.32, 101.33, 101.35,
4	101.36, 101.37, 101.38, 101.39, 101.40, 101.445, 101.45,
5	101.46, 101.47, 101.54, 101.55, 101.56, 110.207, 110.209,
6	206.9825(2), 253.01(2)(b), 257.17(4), 265.2861(1)(e)2.,
7	318.21(2)(i), 324.202, 339.135(7)(g), 372.107(3),
8	373.59(1)(b), 408.036(3)(s), 443.231, 468.803(4), 504.21,
9	504.22, 504.23, 504.24, 504.25, 504.26, 504.27, 504.28,
10	504.29, 504.31, 504.32, 504.33, 504.34, 504.35, 504.36,
11	624.4075, 624.463, 624.469, 713.18(3), and 985.422, F.S.,
12	all of which provisions have become inoperative by
13	noncurrent repeal or expiration and, pursuant to s.
14	11.242(5)(b) and (i), may be omitted from the Florida
15	Statutes 2003 only through a reviser's bill duly enacted
16	by the Legislature; amending ss. 324.201(4) and (5),
17	627.732(7), and 627.733(7), F.S., to conform to the repeal
18	of s. 324.202, F.S.; and reenacting s. 206.9825(1), F.S.,
19	to conform to the reenactment and amendment of paragraph
20	(b) of that subsection by s. 10, ch. 2002-218, Laws of
21	Florida.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1. Sections 101.011, 101.27, as amended by section
26	16 of chapter 2002-1, 101.28, 101.29, 101.32, 101.33, 101.35,
27	101.36, 101.37, 101.38, 101.39, 101.40, 101.445, 101.45, 101.46,
28	101.47, 101.54, 101.55, and 101.56, Florida Statutes, are
29	repealed.
30
31	Reviser's note.--The cited sections, which relate to
32	ballots and voting machines, were expressly repealed by s.
33	33, ch. 2001-40, Laws of Florida, effective September 2,
34	2002. Since the sections were not repealed by a "current
35	session" of the Legislature, they may be omitted from the
36	Florida Statutes 2003 only through a reviser's bill duly
37	enacted by the Legislature. See s. 11.242(5)(b) and (i).
38
39	Section 2. Sections 110.207 and 110.209, Florida Statutes,
40	are repealed.
41
42	Reviser's note.--The cited sections, which relate to
43	the classification and pay plans for career service
44	positions, were expressly repealed by s. 16, ch. 2001-
45	43, Laws of Florida. Since the sections were not
46	repealed by a "current session" of the Legislature,
47	they may be omitted from the Florida Statutes 2003
48	only through a reviser's bill duly enacted by the
49	Legislature. See s. 11.242(5)(b) and (i).
50
51	Section 3. Subsection (2) of section 206.9825, Florida
52	Statutes, is repealed and subsection (1) of that section is
53	reenacted to read:
54	206.9825 Aviation fuel tax.--
55	(1)(a) Except as otherwise provided in this part, an
56	excise tax of 6.9 cents per gallon of aviation fuel is imposed
57	upon every gallon of aviation fuel sold in this state, or
58	brought into this state for use, upon which such tax has not
59	been paid or the payment thereof has not been lawfully assumed
60	by some person handling the same in this state. Fuel taxed
61	pursuant to this part shall not be subject to the taxes imposed
62	by ss. 206.41(1)(d), (e), and (f) and 206.87(1)(b), (c), and
63	(d).
64	(b) Any licensed wholesaler or terminal supplier that
65	delivers aviation fuel to an air carrier offering
66	transcontinental jet service and that, after January 1, 1996,
67	increases the air carrier's Florida workforce by more than 1000
68	percent and by 250 or more full-time equivalent employee
69	positions, may receive a credit or refund as the ultimate vendor
70	of the aviation fuel for the 6.9 cents excise tax previously
71	paid, provided that the air carrier has no facility for fueling
72	highway vehicles from the tank in which the aviation fuel is
73	stored. In calculating the new or additional Florida full-time
74	equivalent employee positions, any full-time equivalent employee
75	positions of parent or subsidiary corporations which existed
76	before January 1, 1996, shall not be counted toward reaching the
77	Florida employment increase thresholds. The refund allowed
78	under this paragraph is in furtherance of the goals and policies
79	of the State Comprehensive Plan set forth in s.
80	187.201(17)(a),(b)1., 2., (18)(a), (b)1., 4., (20)(a), (b)5.,
81	(22)(a), (b)1., 2., 4., 7., 9., and 12.
82	(c) If, before July 1, 2001, the number of full-time
83	equivalent employee positions created or added to the air
84	carrier's Florida workforce falls below 250, the exemption
85	granted pursuant to this section shall not apply during the
86	period in which the air carrier has fewer than the 250
87	additional employees.
88	(d) The exemption taken by credit or refund pursuant to
89	paragraph (b) shall apply only under the terms and conditions
90	set forth therein. If any part of that paragraph is judicially
91	declared to be unconstitutional or invalid, the validity of any
92	provisions taxing aviation fuel shall not be affected and all
93	fuel exempted pursuant to paragraph (b) shall be subject to tax
94	as if the exemption was never enacted. Every person benefiting
95	from such exemption shall be liable for and make payment of all
96	taxes for which a credit or refund was granted.
97
98	Reviser's note.--Subsection (1) is reenacted to
99	confirm the continued existence of paragraphs (b)-(d)
100	of that subsection. Paragraph (1)(b) expired pursuant
101	to its own terms effective July 1, 2001; it was
102	included in s. 5, ch. 2002-2, Laws of Florida, a
103	reviser's bill, to confirm that expiration. Paragraphs
104	(1)(c) and (d), which were tied to paragraph (1)(b),
105	were also repealed by s. 5, ch. 2002-2, to conform to
106	the expiration of paragraph(1)(b). Section 10, ch.
107	2002-218, Laws of Florida, reenacted and amended
108	paragraph (1)(b), indicating a substantive intent to
109	continue the paragraph. In view of the substantive
110	reenactment and amendment, subsection (1) is
111	reenacted, including paragraphs (b)-(d), to conform to
112	the intent of s. 10, ch. 2002-218. Subsection (2),
113	which relates to air carriers making a specified
114	election, expired pursuant to its own terms effective
115	July 1, 2000; that repeal was confirmed by s. 5, ch.
116	2002-2. However, the reenactment and amendment of
117	paragraph (1)(b) by s. 10, ch. 2002-218, raised an
118	issue as to legislative intent regarding subsection
119	(2), which relates to paragraph (1)(b). Legislative
120	confirmation of the intent to repeal subsection (2) is
121	needed in light of any possible effect or intent by s.
122	10, ch. 2002-218.
123
124	Section 4. Paragraph (b) of subsection (2) of section
125	253.01, Florida Statutes, is repealed.
126
127	Reviser's note.--The cited paragraph, which provides
128	that, for the 2001-2002 fiscal year only, the use of
129	funds allocated to the Internal Improvement Trust Fund
130	shall be as provided in the General Appropriations
131	Act, expired pursuant to its own terms, effective July
132	1, 2002.
133
134	Section 5. Subsection (4) of section 257.17, Florida
135	Statutes, is repealed.
136
137	Reviser's note.--The cited subsection, which relates
138	to annual operating grants for municipal library
139	operation and maintenance if specified conditions are
140	met, expired pursuant to its own terms, effective July
141	1, 2002.
142
143	Section 6. Subparagraph 2. of paragraph (e) of subsection
144	(1) of section 265.2861, Florida Statutes, as amended by section
145	930 of chapter 2002-387, Laws of Florida, is repealed.
146
147	Reviser's note.--The cited subparagraph, which
148	provides that subparagraph (1)(e)1., relating to
149	state-owned cultural facilities, is not applicable for
150	fiscal year 2001-2002, expired pursuant to its own
151	terms, effective July 1, 2002.
152
153	Section 7. Paragraph (i) of subsection (2) of section
154	318.21, Florida Statutes, is repealed.
155
156	Reviser's note.--The cited paragraph, which relates to
157	specified funding for fiscal year 2001-2002 only,
158	expired pursuant to its own terms, effective July 1,
159	2002.
160
161	Section 8. Subsections (4) and (5) of section 324.201,
162	Florida Statutes, are amended to read:
163	324.201 Return of license or registration to department.--
164	(4) All information obtained by the department regarding
165	compliance with the provisions of this chapter shall be made
166	available to all law enforcement agencies, and recovery agents
167	or recovery agencies authorized under s. 324.202 to seize
168	license plates,for the purpose of enforcing this chapter. Law
169	enforcement agencies and recovery agents or recovery agencies
170	may utilize that information to seize the license plate of any
171	motor vehicle which has a suspended registration as a result of
172	noncompliance by the operator or owner of the motor vehicle
173	under the provisions of this chapter.
174	(5) When a recovery agent or recovery agency obtains a
175	seized license plate in accordance with this chapter, the
176	license plate shall be delivered to a driver license office on
177	the next business day.
178
179	Reviser's note.--Amended to conform to the repeal of
180	s. 324.202, providing for the seizure of motor vehicle
181	license plates by recovery agents, effective July 1,
182	2002.
183
184	Section 9. Section 324.202, Florida Statutes, is repealed.
185
186	Reviser's note.--The cited section, which relates to a
187	program using recovery agents for seizure of motor
188	vehicle license plates, expired pursuant to its own
189	terms, effective July 1, 2002.
190
191	Section 10. Paragraph (g) of subsection (7) of section
192	339.135, Florida Statutes, is repealed.
193
194	Reviser's note.--The cited paragraph, which provides
195	that, for the 2001-2002 fiscal year only, the
196	Department of Transportation's adopted work program
197	shall be adjusted to include projects approved as
198	economic stimulus projects resulting from additional
199	appropriations made by chapter 2001-367, Laws of
200	Florida, expired pursuant to its own terms, effective
201	July 1, 2002.
202
203	Section 11. Subsection (3) of section 372.107, Florida
204	Statutes, is repealed.
205
206	Reviser's note.--The cited subsection, which provides
207	for the termination of the Federal Law Enforcement
208	Trust Fund within the Fish and Wildlife Conservation
209	Commission pursuant to s. 19(f)(2), Art. III of the
210	State Constitution, effective July 1, 2002, was
211	repealed by s. 2, ch. 2001-33, Laws of Florida,
212	effective July 1, 2002. Since the subsection was not
213	repealed by a "current session" of the Legislature, it
214	may be omitted from the Florida Statutes 2003 only
215	through a reviser's bill duly enacted by the
216	Legislature. See s. 11.242(5)(b) and (i).
217
218	Section 12. Paragraph (b) of subsection (1) of section
219	373.59, Florida Statutes, is repealed.
220
221	Reviser's note.--The cited paragraph, which requires
222	that, for the 2001-2002 fiscal year only, the use of
223	funds allocated to the Water Management Lands Trust
224	Fund shall be as provided in the General
225	Appropriations Act, expired pursuant to its own terms,
226	effective July 1, 2002.
227
228	Section 13. Paragraph (s) of subsection (3) of section
229	408.036, Florida Statutes, is repealed.
230
231	Reviser's note.--The cited paragraph, which relates to
232	an exemption from review for the transfer by a health
233	care system of existing services and not more than 100
234	licensed and approved beds from a hospital in district
235	1, subdistrict 1, to another location within the same
236	subdistrict for specified purposes for fiscal year
237	2001-2002 only, expired pursuant to its own terms,
238	effective July 1, 2002.
239
240	Section 14. Section 443.231, Florida Statutes, is
241	repealed.
242
243	Reviser's note.--Section 443.231 provides for the
244	Florida Training Investment Program. The program
245	terminated June 30, 2002, pursuant to s. 443.231(8),
246	in effect a repeal of the section by its own terms.
247
248	Section 15. Subsection (4) of section 468.803, Florida
249	Statutes, is repealed.
250
251	Reviser's note.--The cited subsection, which relates
252	to alternate requirements for licensure as an
253	orthotist, prosthetist, or prosthetist-orthotist,
254	expired pursuant to its own terms, effective July 1,
255	2002.
256
257	Section 16. Sections 504.21, 504.22, 504.23, 504.24,
258	504.25, 504.26, 504.27, 504.28, 504.29, 504.31, 504.32, 504.33,
259	504.34, 504.35, and 504.36, Florida Statutes, are repealed.
260
261	Reviser's note.--The cited sections, which relate to
262	organic farming and food, were expressly repealed by
263	s. 17, ch. 2001-279, Laws of Florida, effective
264	December 31, 2002. Since the sections were not
265	repealed by a "current session" of the Legislature,
266	they may be omitted from the Florida Statutes 2003
267	only through a reviser's bill duly enacted by the
268	Legislature. See s. 11.242(5)(b) and (i).
269
270	Section 17. Sections 624.4075, Florida Statutes, as
271	amended by section 2 of chapter 92-29, Laws of Florida; 624.463,
272	Florida Statutes, as amended by section 82 of chapter 93-415,
273	Laws of Florida; and 624.469, Florida Statutes, as amended by
274	section 13 of chapter 95-211, Laws of Florida, are repealed.
275
276	Reviser's note.--The cited sections were repealed
277	effective October 1, 2001, by s. 188, ch. 91-108, Laws
278	of Florida, and legislative review pursuant to s.
279	11.61 was required. Section 4(1), ch. 91-429, Laws of
280	Florida, repealed s. 11.61. Section 4(2)(i) provides
281	that a lengthy list of provisions subject to October
282	1, 2001, repeal pursuant to s. 11.61 are not repealed.
283	The list failed to include ss. 624.4075, 624.463, and
284	624.469.
285
286	Section 18. Subsection (7) of section 627.732, Florida
287	Statutes, is amended to read:
288	627.732 Definitions.--As used in ss. 627.730-627.7405, the
289	term:
290	(7) "Recovery agent" means any person or agency who is
291	licensed as a recovery agent or recovery agency and authorized
292	under s. 324.202 to seize license plates.
293
294	Reviser's note.--The definition of "recovery agent" is
295	deleted to conform to the repeal of s. 324.202,
296	providing for the seizure of motor vehicle license
297	plates by recovery agents, effective July 1, 2002.
298
299	Section 19. Subsection (7) of section 627.733, Florida
300	Statutes, is amended to read:
301	627.733 Required security.--
302	(7) Any operator or owner whose driver's license or
303	registration has been suspended pursuant to this section or s.
304	316.646 may effect its reinstatement upon compliance with the
305	requirements of this section and upon payment to the Department
306	of Highway Safety and Motor Vehicles of a nonrefundable
307	reinstatement fee of $150 for the first reinstatement. Such
308	reinstatement fee shall be $250 for the second reinstatement and
309	$500 for each subsequent reinstatement during the 3 years
310	following the first reinstatement. Any person reinstating her or
311	his insurance under this subsection must also secure
312	noncancelable coverage as described in s. 627.7275(2) and
313	present to the appropriate person proof that the coverage is in
314	force on a form promulgated by the Department of Highway Safety
315	and Motor Vehicles, such proof to be maintained for 2 years. If
316	the person does not have a second reinstatement within 3 years
317	after her or his initial reinstatement, the reinstatement fee
318	shall be $150 for the first reinstatement after that 3-year
319	period. In the event that a person's license and registration
320	are suspended pursuant to this section or s. 316.646, only one
321	reinstatement fee shall be paid to reinstate the license and the
322	registration. All fees shall be collected by the Department of
323	Highway Safety and Motor Vehicles at the time of reinstatement.
324	The Department of Highway Safety and Motor Vehicles shall issue
325	proper receipts for such fees and shall promptly deposit those
326	fees in the Highway Safety Operating Trust Fund. One-third of
327	the fee collected under this subsection shall be distributed
328	from the Highway Safety Operating Trust Fund to the local
329	government entity or state agency which employed the law
330	enforcement officer or the recovery agentwho seizes a license
331	plate pursuant to s. 324.201 or to s. 324.202. Such funds may be
332	used by the local government entity or state agency for any
333	authorized purpose.
334
335	Reviser's note.--Amended to conform to the repeal of
336	s. 324.202, providing for the seizure of motor vehicle
337	license plates by recovery agents, effective July 1,
338	2002.
339
340	Section 20. Subsection (3) of section 713.18, Florida
341	Statutes, is repealed.
342
343	Reviser's note.--The cited subsection, which relates
344	to facsimile transmission of service of notices or
345	copies thereof relating to certain liens, was repealed
346	by s. 12, ch. 2001-211, Laws of Florida, effective
347	July 1, 2002. Since the subsection was not repealed by
348	a "current session" of the Legislature, it may be
349	omitted from the Florida Statutes 2003 only through a
350	reviser's bill duly enacted by the Legislature. See s.
351	11.242(5)(b) and (i).
352
353	Section 21. Section 985.422, Florida Statutes, is
354	repealed.
355
356	Reviser's note.--The cited section, which relates to
357	maintenance of state-owned juvenile justice
358	facilities, expired pursuant to its own terms,
359	effective July 1, 2002.
360
361	Section 22. This act shall take effect on the 60th day
362	after adjournment sine die of the session of the Legislature in
363	which enacted.